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My brother received durable power of attorney over our father for medical and financial. My father has since passed away. Is the financial POA still in effect and does it override my fathers Will? I am listed as Executor of the Will. The Durable POA has not been recorded with the County Clerks Office. The Will has been filed with Probate Court.

Asked on 7/15/08, 12:02 pm

2 Answers from Attorneys

The Durable Power Of Attorney does not survive death. Thus, once your father died, you brother's duties as agent under the DPOA cease regardless of the probating of any testamentary document. Although, since the will has been probated, you now have the responsibility to administer the estate, which generally includes handling financial matters. Should you have any further questions feel free to contact me - [email protected] Hope that helps